Filing of final report by Investigation Officer for cancelling case under “C” class

-    Filing of final report by Investigation Officer for cancelling case under “C” class---Disagreement of Magistrate with such report due to availability of sufficient evidence on record to connect accused with offence, thus, directed Investigating Officer to submit report accordingly---Validity---After filing of such report, Magistrate had option either to agree or disagree with the same, but in case of disagreement, he could order further investigation of case by police, and in case when no investigation required to be conducted, then he could take cognizance of offence in terms of S.190, Cr.P.C. Magistrate had no power or authority to direct Police Investigating Officer to file another report under S.173, Cr.P.C., from the one disagreed by him---High Court set aside impugned order and directed Magistrate to pass appropriate orders on such report in accordance with law.


Imran    Versus    Liaquat Ali
2010 YLE 3288
KARACHI HIGH COURT SINDH

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